Brian Muchiri Waihenya v Jubilee Hauliers Ltd & another;Geminia Insurance Co. Ltd (Interested Party) [2018] KEHC 1830 (KLR)
- Court
- High Court of Kenya
- Case number
- 1830
- Citation
- [2018] KEHC 1830 (KLR)
- Decided
- 20 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment in a civil case
Holding
The court has jurisdiction to hear and determine the application.
Facts
The plaintiff was injured in an accident involving the defendants' vehicle. The defendants appealed the judgment, and a stay of execution was ordered. The parties later agreed to apportion liability and filed a partial consent, but it was not adopted as a court order.
Issues
- Whether the court has jurisdiction to hear and determine the application.
- Whether the court is functus officio.
- Whether the court should stay consideration of the application due to the pending appeal.
Reasoning
The court held that the application was not functus officio and that the court should not stay consideration of the application due to the pending appeal.
Outcome
The application was not granted.
Orders
- The court ordered a stay of execution pending finalization of the appeal.
- The court ordered a stay of execution pending payment of Kshs.10M and the balance of Kshs.18,925,844 to be secured by a bank guarantee.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (3)
- Owners of the Motor Vessel “LillanS” -vs- Caltex Oil (Kenya) Ltd (1989) KLR 1
- Samuel Kamau Macharia KCB & 2 Others (2072) e KLR
- HCCA NO. 142
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…